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Reversed Bid to Federalize Project
Veritas' O'Keefe Case, He Now Agrees To
Aim Below $75,000
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
June 21 –
James O'Keefe III of Project
Veritas filed a New York State
lawsuit against Twitter, for
after banning his account
saying it was based on him
operating fake accounts.
O'Keefe says the
claim is false and has caused
him damage.
Twitter through counsel at
Gibson Dunn filed a notice of
removal to Federal
court.
On June 16, U.S. District
Court for the Southern
District of New York
Magistrate Judge Barbara C.
Moses scheduled a pre-motion
conference, putting outside
her 20th floor courtroom door
a sign requiring
hand-sanitizing for COVID-19
purposes. Inner City
Press went to cover
it.
Counsel for
O'Keefe from the Dhillon Law
Group in Montclair, NJ noted
that their state complaint did
not specify damages, and
therefore removal to Federal
court is ineffective, since
the case does not meet the
$75,000 jurisdictional
requirement.
Courtesy Elizabeth Williams, defense attorney
Amer Ahmed and plaintiff attorney Ronald Coleman
(also here).
Judge
Moses has so far, by the
afternoon of June 16 entered a
barebones Minute Entry into
the docket. But referral back
to state court, for lack of
subject matter jurisdiction,
was on the table, as Inenr
City Press reported on June
16.
On June 18,
Juneteenth (observed), Twitter
filed with the largely empty
court that it would consent to
remand to the state court as
long as O'Keefe does not seek
$75,000 or more in damages.
The filing went in at 4:30 pm
on a holiday Friday, but Inner
City Press found and reported
it.
Now on June 21,
O'Keefe's lawyer has filed a
letter that O'Keefe waives any
claim to damages greater than
$75,000 - but reserves his
right to seek damages of less
than $75,000 and to all non
monetary remedies.
Inner City
Press will continue to follow
the case(s), O'Keefe III v.
Twitter, Inc., 21-cv-4240
(Woods / Moses) and O'Keefe
III v. Twitter, Inc., Filed in
NYS Supreme Court, Westchester
County on April 19, 2021,
Index No. 54926/2021
***
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